South Africa Case Law

S v Dyabana and Others (Sentence) (CC64A/2024)

S v Dyabana and Others (Sentence) (CC64A/2024) [2025] ZAECELLC 14 (2 July 2025)

Court

Eastern Cape High Court, East London Local Court

Case number

CC64A/2024

Judge

Cengani-Mbakaza

The court found that the offences were violent, planned, and executed with disregard for the victims' rights and well-being. The accused showed no remorse and the impact on victims and the community was severe, including loss of life, limb, and significant financial loss. While the accused had no previous convictions and were relatively young, these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences for robbery with aggravating circumstances and attempted murder. The court applied the triad approach, balancing the seri…

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• Sentencing Principles
• Minimum Sentences
• Robbery With Aggravating Circumstances
• Attempted Murder
• Firearms Control
• Culpable Homicide

De Bruin v S (Leave to Appeal) (KS21/2020)

De Bruin v S (Leave to Appeal) (KS21/2020) [2025] ZANCHC 43 (23 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

KS21/2020

Judge

Mamosebo

Leave to appeal against a murder conviction and sentence was dismissed. The court found no reasonable prospect that another court would reach a different result.

• Murder
• Dolus Eventualis
• Culpable Homicide
• Minimum Sentencing
• Leave To Appeal
• Firearms Control

S v Beale (SS10/2021)

S v Beale (SS10/2021) [2025] ZAGPJHC 209 (4 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

SS10/2021

Judges

Mudau, C Lazarus, J M Dippenaar

The court found that the State failed to prove, beyond reasonable doubt, that Professor Beale intentionally or negligently caused the deaths of the children or committed fraud. The evidence established that Beale acted in accordance with his clinical judgment and that there was a reasonable body of paediatric surgeons who would have reached similar conclusions regarding the necessity of the procedures. The State's expert evidence was found to be unreliable and inconsistent, particularly given prior findings by the HPCSA exonerating Beale. There was no credible evidence of financial motive, an…

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• Murder
• Fraud
• Dolus Eventualis
• Culpable Homicide
• Medical Negligence
• Expert Evidence

S v Masukunya (CC82/2023)

S v Masukunya (CC82/2023) [2024] ZAGPPHC 1047 (15 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

CC82/2023

Judge

Strijdom

The court found that the accused, a 38-year-old man, assaulted his 9-year-old son with open hands and by kicking him, resulting in multiple blunt force injuries to the head. The medical evidence established that the injuries were severe and directly caused the death. The accused's version was rejected as not reasonably possibly true due to material contradictions and inherent improbabilities, including his claimed lack of awareness of the injuries. The court concluded that, although direct intent to kill was not established, the accused subjectively foresaw the possibility that his conduct co…

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• Murder
• Dolus Eventualis
• Culpable Homicide
• Criminal Intent
• Burden Of Proof

Ramthal v S (704/2023)

Ramthal v S (704/2023) [2024] ZASCA 124 (13 September 2024)

Court

Supreme Court of Appeal

Case number

704/2023

Judges

Mabindla-Boqwana, Kgoele, Mantame

The Supreme Court of Appeal granted leave to appeal against a murder conviction and sentence, finding the private-defence issues deserved appellate consideration.

• Private Defence
• Murder
• Leave To Appeal
• Prospects Of Success
• Culpable Homicide
• Sentencing Discretion

Director of Public Prosecutions, Limpopo Province v Magakwe (CC106/2022)

Director of Public Prosecutions, Limpopo Province v Magakwe (CC106/2022) [2024] ZALMPPHC 98 (16 August 2024)

Court

Limpopo High Court, Polokwane

Case number

CC106/2022

Judge

M.G Phatudi

The High Court refused the State’s reservation of questions of law after a guilty admission to culpable homicide, finding the issues were factual, not legal.

• Admission Of Guilt
• Reservation Of Questions Of Law
• Plea Change
• Culpable Homicide
• Conviction Procedure
• Reservation-of-questions-of-law

Mabula v S (A58/2024)

Mabula v S (A58/2024) [2024] ZAGPJHC 675 (23 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A58/2024

Judge

R B Mkhabela

The High Court dismissed an appeal against refusal of bail pending an appeal on sentence only, holding there was no misdirection by the magistrate.

• Bail Pending Appeal
• Culpable Homicide
• Criminal Procedure Act Section 65
• Gross Negligence
• Bail-pending-appeal
• Criminal-procedure

S v Siyaya (Sentence) (03/2024)

S v Siyaya (Sentence) (03/2024) [2024] ZAKZDHC 28; 2024 (2) SACR 282 (KZD) (16 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

03/2024

Judge

Davis AJ

The court found that the accused's conduct constituted an aggravated and wilful disregard for the safety of other road users, resulting in the deaths of eighteen children and two young adults. Although the accused did not have direct intent to kill, his actions displayed a high degree of moral blameworthiness and culpability, far exceeding ordinary recklessness. The court accepted that substantial and compelling circumstances existed, including the absence of direct intent, the accused's lack of prior convictions, and his time spent in custody, justifying deviation from the prescribed minimum…

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• Murder
• Reckless Driving
• Minimum Sentencing
• Culpable Homicide
• Road Traffic Offences
• Victim Impact Statements

Mthiyana v S (AR216/22)

Mthiyana v S (AR216/22) [2024] ZAKZPHC 98 (22 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR216/22

Judges

S Singh, Balton

The High Court overturned a murder conviction, finding the appellant acted under a mistaken but genuine belief in self-defence and was guilty only of culpable homicide.

• Putative Private Defence
• Culpable Homicide
• Dolus Eventualis
• Mens Rea
• Appeal Procedure
• Putative-private-defence

S v Nkomo (SH26/2018)

S v Nkomo (SH26/2018) [2024] ZANWHC 69; 2024 (2) SACR 109 (NWM) (11 March 2024)

Court

North West High Court, Mafikeng

Case number

SH26/2018

Judges

A H Petersen, A Reddy

High Court special review correcting a magistrate’s sentence so the suspension condition referred to culpable homicide, not murder.

• Culpable Homicide
• Sentencing Correction
• Functus Officio
• Criminal Procedure Act
• Special Review
• Special-review